AGREEMENT BETWEEN ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES (APSCUF) AND

Transcription

1 AGREEMENT BETWEEN ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES (APSCUF) AND THE PENNSYLVANIA STATE SYSTEM OF HIGHER EDUCATION (STATE SYSTEM) July 1, 2011 to June 30, 2015

2 TABLE OF CONTENTS ARTICLE PAGE PREAMBLE... 1 PURPOSE... 1 ARTICLE 1, RECOGNITION... 3 ARTICLE 2, ACADEMIC FREEDOM... 3 ARTICLE 3, FAIR PRACTICES... 4 ARTICLE 4, DUTIES AND RESPONSIBILITIES OF FACULTY MEMBERS... 5 ARTICLE 5, GRIEVANCE PROCEDURE AND ARBITRATION... 5 ARTICLE 6, DEPARTMENT CHAIRPERSONS ARTICLE 7, PERFORMANCE OF BARGAINING UNIT WORK ARTICLE 8, ACCRETION ARTICLE 9, RIGHTS AND PRIVILEGES OF APSCUF ARTICLE 10, RIGHTS OF THE STATE SYSTEM/UNIVERSITIES ARTICLE 11, APPOINTMENT OF FACULTY ARTICLE 12, PERFORMANCE REVIEW AND EVALUATION ARTICLE 13, PERSONNEL FILES ARTICLE 14, RENEWALS AND NON-RENEWALS ARTICLE 15, TENURE ARTICLE 16, PROMOTIONS ARTICLE 17, SICK LEAVE ARTICLE 18, LEAVES OF ABSENCE ARTICLE 19, WORK-RELATED INJURIES ARTICLE 20, RETIREMENT ARTICLE 21, FRINGE BENEFITS ARTICLE 22, SALARIES ARTICLE 23, WORKLOAD AND WORKLOAD EQUIVALENTS ARTICLE 24, SUMMER EMPLOYMENT ARTICLE 25, OVERLOAD ARTICLE 26, INDEPENDENT STUDY AND INDIVIDUALIZED INSTRUCTION ARTICLE 27, CONTINUING EDUCATION ARTICLE 28, MAINTENANCE OF MEMBERSHIP AND CHECK-OFF ARTICLE 29, RETRENCHMENT ARTICLE 30, HEALTH AND WELFARE ARTICLE 31, MISCELLANEOUS CONDITIONS ARTICLE 32, TRAVEL EXPENSES ARTICLE 33, AGREEMENT AGAINST STRIKES AND LOCK-OUTS ARTICLE 34, INTER-UNIVERSITY TRANSFERS ARTICLE 35, LEGISLATIVE ACTION ARTICLE 36, SEPARABILITY ARTICLE 37, TOTALITY OF AGREEMENT ARTICLE 38, SUCCESSORS ARTICLE 39, INTELLECTUAL PROPERTY ARTICLE 40, NEW BRANCH CAMPUSES AND OTHER TEACHING LOCATIONS ARTICLE 41, UNIVERSITY CENTER ARTICLE 42, DISTANCE EDUCATION ARTICLE 43, INVESTIGATIONS OF COMPLAINTS AGAINST FACULTY MEMBERS ARTICLE 44, FACULTY PROFESSIONAL DEVELOPMENT PROGRAM ARTICLE 45, REGULAR PART-TIME FACULTY ARTICLE 46, TERM OF AGREEMENT SENIORITY POLICY (APPENDICES A-D) APPENDIX E, DISABILITY RETIREMENT DETERMINATION PROCEDURE APPENDIX F, CONVERTED 13 STEP FACULTY PAY SCHEDULE August APPENDIX G, CONVERTED 13 STEP FACULTY PAY SCHEDULE Fall i

3 APPENDIX H, 2013 SUMMER PAY SCHEDULE APPENDIX I, 2014 SUMMER PAY SCHEDULE APPENDIX J, 2015 SUMMER PAY SCHEDULE APPENDIX K, BLUE SHIELD INDEMNITY PLAN APPENDIX L, HEALTH CARE MANAGEMENT PROGRAM (WELLNESS PROGRAM) APPENDIX M, SIDE LETTER, CONTINUATION OF HEALTH BENEFITS AND PRESCRIPTION DRUG BENEFITS WHILE ON EDUCATIONAL LEAVE APPENDIX N, OVERLOAD PAY SCHEDULE APPENDIX O, OVERLOAD PAY SCHEDULE INDEX ii

4 PREAMBLE THIS AGREEMENT made and entered into this 11th day of June, 2013, by and between the Board of Governors of the State System of Higher Education ("STATE SYSTEM") for and on behalf of itself, the State Universities and their respective Councils of Trustees, of the first part, and the Association of Pennsylvania State College and University Faculties ("APSCUF") of the second part. PURPOSE APSCUF has been certified to represent, for purposes of collective bargaining, department chairpersons, full-time teaching faculty (including librarians with faculty status), part-time teaching faculty and librarians without faculty status and faculty members of the UNIVERSITIES whose basic responsibilities lie outside of the classroom setting. APSCUF and the STATE SYSTEM OF HIGHER EDUCATION, desiring to cooperate each with the other in mutual respect and harmony, have agreed to the provisions of this Agreement in consideration of the following: 1. The UNIVERSITIES exist for the common good of the citizens of the Commonwealth, particularly the students who attend such UNIVERSITIES. In a world of rapid change and recurring crises, all will be served best by an intellectual environment which encourages the search for truth. 2. APSCUF as the representative of the above named employees recognizes its obligation to permit all individuals and groups on each campus to be included in the consideration of matters relating to them. 3. The parties recognize that collective bargaining in good faith will further their common aim of offering the best possible educational opportunities at the UNIVERSITIES and assert their intention to abide by the terms of the Agreement. 4. For the purposes of this Agreement, the following definitions shall be applied: "ACADEMIC FACULTY" -- The bargaining unit consisting of department chairpersons, full-time teaching faculty including librarians with faculty status, part-time teaching faculty, librarians without faculty status and faculty members whose basic responsibilities lie outside of the classroom setting who have, by certification of the Pennsylvania Labor Relations Board (PLRB), been designated as ACADEMIC FACULTY (PERA-R-775-C). "ADMINISTRATIVE FACULTY" -- The bargaining unit consisting of faculty members whose basic responsibilities lie outside of the classroom who have not been designated as ACADEMIC FACULTY (PERA-R-1354-C). Inc. "APSCUF" -- The Association of Pennsylvania State College and University Faculties, "UNIVERSITIES" -- All institutions of the State System of Higher Education including Bloomsburg University, California University, Cheyney University, Clarion University, East 1

5 Stroudsburg University, Edinboro University, Indiana University of Pennsylvania, Kutztown University, Lock Haven University, Mansfield University, Millersville University, Shippensburg University, Slippery Rock University, and West Chester University; and their respective branch campuses. "STATE SYSTEM OF HIGHER EDUCATION" -- That System created by Act 188 of 1982, the State System of Higher Education Act, hereinafter referred to as the STATE SYSTEM. "COMMONWEALTH" -- The Executive Branch of the Commonwealth of Pennsylvania. "FACULTY" or "FACULTY MEMBERS" -- All members of the bargaining units described in PLRB case numbers PERA-R-775-C and PERA-R-1354-C. "REGULAR" -- A tenured or tenure track FACULTY MEMBER. "PROBATIONARY NON-TENURED FACULTY MEMBER" -- A FACULTY MEMBER who is appointed to a tenure track position and who has not been granted tenure. "NON-TENURE TRACK FACULTY" -- A FACULTY MEMBER who is appointed to service in a position in which service will not be credited toward tenure. Examples of such positions include Temporary Part-time, Temporary Full-time and Regular Part-time. DOMESTIC PARTNER The criteria listed below must be met in order to qualify for benefits extended to domestic partners in this agreement and a FACULTY MEMBER and domestic partner must provide management with a completed, notarized Commonwealth of Pennsylvania Domestic Partner Verification Statement that will be maintained in the FACULTY MEMBER S official personnel file: 1. Each partner is the same gender. 2. Both partners are unmarried. 3. Both partners are at least 18 years old and mentally competent to enter into a contract in the Commonwealth of Pennsylvania. 4. Partners are the sole domestic partner of the other person. 5. Partners have lived together in the same residence on a continuous basis for at least six months immediately prior to the date of the notarized statement, with the intent to reside together permanently. 6. Partners are not related to each other by adoption or by blood, to a degree that would prohibit marriage in the Commonwealth of Pennsylvania. 7. Neither partner has been a member of another domestic partnership for the past six months (unless the prior domestic partnership ended as a result of the death or marriage of one of the domestic partners). 2

6 8. Partners are jointly responsible for the common welfare and financial obligations of each other. "CHILD OF SAME SEX DOMESTIC PARTNER" - The biological or legally adopted child or a child for whom the Domestic Partner is the legal guardian. CHILDREN OF SAME SEX DOMESTIC PARTNERS are eligible to receive benefits on the same basis as dependent step-children of a FACULTY MEMBER S spouse (i.e., the FACULTY MEMBER must demonstrate that the child is the legal dependent of the FACULTY MEMBER S certified DOMESTIC PARTNER and that the FACULTY MEMBER has assumed financial responsibility for the child of his/her DOMESTIC PARTNER). Article 1 RECOGNITION The STATE SYSTEM and the UNIVERSITIES and each of them recognize APSCUF as the sole and exclusive bargaining agent for FACULTY MEMBERS in the bargaining units above described and certified by the Pennsylvania Labor Relations Board in case numbers PERA-R-775-C, and PERA-R-1354-C, with respect to the STATE SYSTEM'S obligations both to "negotiate" and to "meet and discuss," as those terms are used in Sections 701 and 702, respectively, of the Public Employee Relations Act ("Act 195"). Article 2 ACADEMIC FREEDOM A. A FACULTY MEMBER is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of his/her other academic or administrative duties. B. A FACULTY MEMBER is entitled to freedom in the classroom in discussing his/her subject, but he/she should be careful not to introduce into his/her teaching controversial matter which has no relation to his/her subject. C. A University FACULTY MEMBER is a citizen and a member of a learned profession. When he/she speaks or writes as a citizen, he/she should be free from University censorship or discipline, but his/her special position in the community imposes special obligations. As a person of learning he/she should remember that the public may judge his/her profession and his/her University by his/her utterances. Hence, he/she should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that he/she is not a spokesperson of the UNIVERSITIES. Acts which interfere with the activities of the UNIVERSITIES, acts which interfere with the freedom of movement on the campus, or acts which interfere with the freedom of all members of the academic community to pursue their rightful goals, are the antithesis of academic freedom and responsibility. So also are such acts which, in effect, deny freedom to speak, to be heard, to study, to teach, to administer and to pursue research. D. 1. FACULTY MEMBERS are entitled to freedom in the selection of textbooks, audio-visual aids and other teaching aids. 3

7 2. There shall be no censorship of library materials. 3. With respect to subsections 1. and 2. above, budgetary limitations may restrict the quantity of items to be purchased. E. Since certain aspects of the information obtained by a FACULTY MEMBER in the course of his/her work can be considered privileged, no FACULTY MEMBER shall be required to disclose such information unless he/she deems it to be in the best interest of his/her student or his/her profession. The University will immediately advise the FACULTY MEMBER of any effort, by action of law or otherwise, to secure records or other information obtained by the FACULTY MEMBER. In no event shall the University exercise any disciplinary action against a FACULTY MEMBER because of his/her assertion of privilege with regard to information under his/her control. F. The provisions of this Article shall not be construed so as to deprive the University or its designees of its right of access to and/or possession of files, records or materials maintained by FACULTY MEMBERS on behalf of the University, provided, however, that grade books shall remain in the possession of the FACULTY MEMBER so long as he/she remains on the campus. Article 3 FAIR PRACTICES A. Neither party hereto nor any FACULTY MEMBER shall discriminate against any other FACULTY MEMBER or candidate for employment on the basis of race, creed, color, sex (including discrimination by sexual harassment), handicap or disability, life style, family status, age, national origin, APSCUF membership or activity or lack thereof, political belief and/or affiliation, or on account of any other basis prohibited by law. Where existing laws against discrimination require accommodation, the STATE SYSTEM will accommodate to the extent required by law. B. There shall be no discrimination by either of the parties hereto or any FACULTY MEMBER against members of the same family regarding concurrent employment at any University. C. If any provision of this Agreement is in conflict with Federal Executive Orders and 11375, as amended, or the Civil Rights Act of 1964, as amended, or the laws and rules relating to the Pennsylvania State System of Higher Education Equity Plan, Excellence and Equity, hereinafter known as the STATE SYSTEM Equity Plan, the provisions of such orders, laws and rules shall prevail; provided that any rule not consistent with this Agreement adopted by the STATE SYSTEM subsequent to the signing of this Agreement shall not prevail against the terms of this Agreement. Before any rule relating to the STATE SYSTEM Equity Plan not consistent with this Agreement is applied to affect the rights of APSCUF or any FACULTY MEMBER, this Section shall be reopened for negotiation at the request of APSCUF. D. The parties shall meet and discuss at the state level during the term of this Agreement on such aspects of this Article that are of mutual interest. The parties hereto specifically agree to support and work towards the goals set forth in the STATE SYSTEM Equity Plan. 4

8 Article 4 DUTIES AND RESPONSIBILITIES OF FACULTY MEMBERS A. The concept of academic freedom must be accompanied by an equally demanding concept of academic responsibility. The concern of the UNIVERSITIES and its members for academic freedom safeguards must extend equally to requiring responsible service, consistent with the objectives of the UNIVERSITIES. The universal responsibility of the teaching FACULTY MEMBER is effective teaching. B. A proper academic climate can be maintained only when members of the FACULTY meet their fundamental duties and responsibilities regularly. These duties and responsibilities include but are not limited to: reporting promptly, and in advance if possible, any changes in class hours or classrooms assigned; preparing for and meeting their assignments, which would include timely notification of the proper authority and making a reasonable effort to insure that assignments can be covered in case of absences; making a reasonable effort to notify students of any changes in class hours or classrooms assigned; keeping current in their academic disciplines through continuing scholarly activity; keeping office hours in accordance with Article 23, WORKLOAD AND WORKLOAD EQUIVALENTS, and conferring with and advising students and advisees; evaluating fairly and reporting promptly student achievement; rendering service to the University which would include participating in group deliberations which contribute to the growth and development of the students and the UNIVERSITIES; and reporting promptly, and in advance if possible, absence from any assigned duty in accordance with the provisions of Article 17, SICK LEAVE. All members of the FACULTY also have the responsibility to accept those reasonable duties assigned to them within their fields of competence. Additionally, FACULTY MEMBERS have the responsibility to perform other tasks characteristic of the academic profession as described in Article 12, PERFORMANCE REVIEW AND EVALUATION OF FACULTY, Section B.1. and to attempt honestly and in good conscience to preserve and defend the goals of the UNIVERSITIES, including the right to advocate change. A. Intent Article 5 GRIEVANCE PROCEDURE AND ARBITRATION It is the declared objective of the STATE SYSTEM/UNIVERSITIES and APSCUF to encourage the just resolution of grievances. In order to effect a prompt resolution of grievances, the STATE SYSTEM/UNIVERSITIES, APSCUF and the FACULTY shall make available one to the other all known relevant facts so as to enable the parties to resolve grievances. The parties further agree that the orderly processes hereinafter set forth below shall be the sole method used for the resolution of grievances. A grievance may be filed by a FACULTY MEMBER, a group of FACULTY MEMBERS, or APSCUF. APSCUF may present a policy grievance (one which affects more than one (1) person) at any step of the grievance procedure prior to arbitration. Decisions involving the non-renewal of probationary non-tenured FACULTY MEMBERS shall be governed exclusively by the provisions pertaining thereto as contained in Article 14, RENEWALS AND NON-RENEWALS. 5

9 B. Definition A "grievance" is an allegation by APSCUF or a FACULTY MEMBER or group of FACULTY MEMBERS that there has been a specific violation, misinterpretation or improper application of an Article(s) and Section(s) of this Agreement by the STATE SYSTEM/UNIVERSITIES, and a statement of the remedy being requested. It is understood and agreed between the parties that APSCUF or a FACULTY MEMBER will be allowed to make amendments to the grievance up to the submission at Step Three. It is also understood that if such amendments are made to the grievance in the submission to Step Three, either party may resubmit the grievance to Step Two for reconsideration. C. Procedure Step One APSCUF, a FACULTY MEMBER or a group of FACULTY MEMBERS shall present a grievance orally or in writing at the lowest management level having authority to dispose of the grievance. The management representative shall investigate the grievance as he/she shall deem appropriate and respond to APSCUF and/or the grievant orally or in writing. Step Two If the grievance has not been resolved at Step One, the grievant, group of grievants or APSCUF shall reduce the grievance to writing, stating the facts, and listing the Articles and Sections of this Agreement or the specific regulation(s) or procedure(s) upon which the grievance is based. Such written grievance (s) shall be submitted to the President or his/her designee within forty (40) calendar days of the occurrence giving rise to the grievance or within forty (40) calendar days of the date on which the grievant or grievants learned of such occurrence, with the exception that if the forty (40) days expire between May 1 and September 1 of any year, the grievance shall be submitted to the President or his/her designee by September 30 of such year or within forty (40) calendar days, whichever comes later. The President or his/her designee shall have twenty (20) calendar days following the receipt of such written grievance to investigate the matter as he/she shall deem appropriate, discuss the matter with the grievant, group of grievants and/or the local APSCUF grievance chairperson or his/her designee where appropriate, and to submit a written response to the grievant, group of grievants and APSCUF. If a grievance is amended before submission at Step Two or if either party resubmits an amended grievance to Step Two, the President or his/her designee shall have twenty (20) calendar days following the receipt of such amended grievance to investigate the matter as he/she shall deem appropriate, discuss the matter with the grievant, group of grievants and/or the local APSCUF grievance chairperson or his/her designee where appropriate, and to submit a written response to the amended grievance to the grievant, group of grievants and APSCUF. Step Three If the grievance has not been resolved at Step Two, the grievant, group of grievants or APSCUF may, within fifteen (15) calendar days after the decision from the President at Step Two is due, submit a written appeal to the Chancellor of the STATE SYSTEM or his/her designee. The Chancellor of the STATE SYSTEM or his/her designee shall have thirty (30) calendar days following the receipt of such written appeal to submit a written response to the grievant, group of grievants and APSCUF. 6

10 Step Three Grievance Meeting: 1. A Step Three grievance meeting shall be held to research the facts of grievances, the alternative solutions to grievances and to improve the timeliness of grievance processing. The Step Three grievance meeting will include local University representatives, as designated by the President, local APSCUF representatives as designated by the local APSCUF President and a representative of the Office of the Chancellor and a State APSCUF representative. For purposes of scheduling Step Three grievance meetings, any grievance involving potential ongoing liability (one arising from discipline or from separation from employment, including discharge, non-renewal, denial of tenure, retrenchment and the like) shall take priority over other grievances. 2. The grievant(s) shall be asked to attend the Step Three grievance meeting, but his/her/their participation shall be voluntary. Nonparticipation on the part of the grievant(s) in the Step Three grievance meeting shall not be raised as a justification for the denial of the grievance, nor in subsequent arbitration hearings. The absence or presence of any party shall not be used as a mechanism to withhold information from any party. 3. Participants should be prepared to share information in support of their respective position(s). The parties shall share the name(s) of all individuals who will participate in each meeting no later than three business days prior to the scheduled meeting. 4. Step Three grievance meetings shall not impede the normal process and progress of any grievance s movement through the grievance procedure as set forth in this Article. Specifically, the scheduling and conduct of the Step Three grievance meeting shall not delay either the deadline for referring the grievance to Step Four (Binding Arbitration) or the scheduling of an arbitration hearing, unless the STATE SYSTEM and State APSCUF agree in writing to hold the grievance in abeyance for a specified time period. 5. The Office of the Chancellor Labor Relations Department will issue a Step Three grievance status report to all parties within fifteen (15) business days of the Step Three Meeting. Step Four - Binding Arbitration If the grievance has not been resolved at Step Three, APSCUF, but not an individual FACULTY MEMBER or group of FACULTY MEMBERS, has the sole right to refer a grievance to arbitration and to conduct the proceeding as a party, and shall within forty (40) calendar days of the receipt of the written response from Step Three submit a written notice to the Chancellor of the STATE SYSTEM or his/her designee of its intent to submit the grievance to binding arbitration. It is understood that only APSCUF, or counsel for APSCUF, may present the case in support of any grievance at arbitration. D. The parties shall have the right mutually to agree upon the arbitrator, but in the event they cannot so agree within fifteen (15) calendar days of receipt of the above notice, the matter shall forthwith be submitted to the American Arbitration Association ( AAA ) for the appointment of an arbitrator through the AAA s List With Appointment Service. Following appointment of the 7

11 arbitrator, the parties will promptly contact the arbitrator to schedule the hearing. In all cases, selection of the arbitrator and the arbitration proceedings shall be conducted in accordance with the Voluntary Labor Arbitration rules of the AAA, provided, however, that the appointed arbitrator shall have the authority to interpret, apply and enforce these rules. The arbitration proceeding shall be held at such time and place as is convenient to the parties, consistent with the circumstances of the case. The decision of the arbitrator shall be final and binding upon the parties, except where the decision would require an enactment of legislation in which case the decision shall be binding only if and when such legislation is enacted. The arbitrator shall have no authority to add to, subtract from, or modify this Agreement. Each case shall be considered on its merits and this collective bargaining agreement shall constitute the sole basis upon which the decision shall be rendered. If there is a question as to whether the arbitrator has jurisdiction to hear a case, this question must be heard and an immediate bench ruling issued by the arbitrator prior to his/her hearing and deciding the merits of the case. The arbitrator shall confine himself/herself to the precise issue the parties have agreed to submit for arbitration and shall have no authority to determine any other issues not so submitted to him/her. The arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the hearing or receipt of the transcript of the hearing. The arbitrator's fees and expenses shall be shared equally by APSCUF and the STATE SYSTEM/UNIVERSITIES, but each party shall bear its own cost of preparing and presenting its case to the arbitrator. Where one of the parties to this Agreement requests a postponement of a previously scheduled arbitration which results in a postponement charge, the postponing party shall pay such charge unless the postponement results in a settlement of the grievance, in which event the postponement charge shall be divided equally between the parties. A postponement charge resulting from a joint postponement request shall be shared equally by the parties. Either party to an arbitration may request that a transcript of the hearing be made. The requesting party shall pay the cost for the transcript and shall provide a copy free of charge to the arbitrator. In the event that the party who did not order a copy of the transcript at the hearing subsequently decides to order a copy of the transcript, that party shall share equally in the cost of the copy of the transcript provided to the arbitrator. E. The failure of either party to demand compliance with or to comply with the time limits of Steps One to Three of Section C. of this Article shall not bar either party from requiring that the stated time limits at Step Four be met. F. A FACULTY MEMBER may, in accordance with the provisions of Article 15, TENURE, appeal any discipline or discharge for just cause at the Third Step of this grievance procedure. Any such appeal must be presented in writing within fifteen (15) calendar days after the FACULTY MEMBER has received written notice of the disciplinary action. A copy of the said written notice shall be mailed to the local APSCUF grievance chairperson and State APSCUF on the day the written notice is mailed or delivered to the FACULTY MEMBER, whichever day is earlier. G. Time of the Essence 1. The filing of a grievance or appeal from any step of this grievance procedure or the notice of any intent to arbitrate shall be accomplished within the time limits specified 8

12 and, in the event such is not done, the Administration's decision at the prior step shall be final and binding upon the parties and shall not be subject to further appeal of any kind; provided, however, that the said time limits may be extended by written or oral mutual agreement for any reason, and reasonable requests for extensions shall not be arbitrarily denied; and, provided further, that a grievant shall not be penalized as to time if he/she has been misled by a representative of the STATE SYSTEM/UNIVERSITIES. 2. Failure to communicate a decision at any step of this grievance procedure within the specified time limits shall permit it to be advanced to the next step of the procedure, unless a longer period is established by mutual consent. H. Rights of APSCUF 1. APSCUF's representative(s) shall be advised of the existence of a grievance as soon as the University Administration becomes aware of its existence. As early as possible and practical, copies of all transcripts, documents and correspondence filed with respect to a grievance shall be made available to APSCUF, and at APSCUF's request be provided to APSCUF. Costs of reproduction shall be borne by APSCUF should the STATE SYSTEM/UNIVERSITIES request such payment. 2. Any individual FACULTY MEMBER or group of FACULTY MEMBERS shall have the right at any time to present grievances to the STATE SYSTEM/UNIVERSITIES and have them adjusted without the intervention of APSCUF, as long as the adjustment is not inconsistent with the terms of this Agreement; and provided further that APSCUF has been given the opportunity to be present at such adjustment. 3. APSCUF's representative(s) shall be permitted to represent the grievant when requested to do so by the grievant and, in any event, to represent and speak on behalf of APSCUF's particular point of interest in connection with that grievance. In this regard, it is understood that the grievant has the right to represent himself/herself and APSCUF shall not interfere with that right. I. Disposition of Grievances Any settlement, withdrawal or disposition of a grievance at any step below Step Three in Section C., above, shall not constitute a binding precedent for the settlement of similar grievances in the future. The parties shall endeavor to implement fully any settlement agreement(s) or arbitration award(s) within sixty (60) days of the receipt of said agreement or award. 9

13 Article 6 DEPARTMENT CHAIRPERSONS A. Duties 1. The department chairperson directs the activities of the department, subject to the approval of the Dean/Director. He/she is responsible to the Dean/Director for the development of department plans, guidelines and internal office operation; he/she directs the department's administrative organization and may delegate authority and assign responsibility as appropriate; and he/she represents the academic discipline both on and off campus either personally or by designation of department representatives. 2. The department chairperson is also responsible for recommending to the Dean/Director such matters as personnel actions, curricular changes, course offerings, teaching assignments and the department budget. 3. In all phases of department affairs, the chairperson should be sensitive to and reflect, but not be restricted to, majority department faculty sentiment. 4. Current practices at each UNIVERSITY concerning summer duties and compensation of department chairpersons shall continue, provided each department chairperson receives the minimum summer compensation as set forth in 6.D.3. B. Selection 1. a. The President or his/her designee and a committee selected by the department shall designate the individual or individuals who is (are) mutually acceptable to serve in the post of department chairperson. Upon request, the President or his/her designee will communicate the reason(s) for rejection of the candidate(s) to the department and the candidate(s). Such reason(s) shall not be reviewable through the grievance and arbitration procedure under this Agreement unless a violation of Article 3 is alleged. The chairperson shall be elected (or rejected) by the majority secret ballot vote of the regular FACULTY MEMBERS within the department from the individual or individuals designated. Except as provided in paragraph b, below, this procedure shall apply with respect to the appointment of an interim or acting department chairperson. b. In the event there can be no agreement as to a mutually acceptable candidate for the office of department chairperson, the President or the Provost/Vice-President for Academic Affairs shall have the right to appoint an interim chairperson for a period not to exceed six (6) months provided, however, this appointee shall not be an individual rejected by vote of the department in the most recent election. 2. Department chairperson elections were held in 2005 and shall be conducted every three (3) years thereafter. Elections shall be concluded no later than April 15. Newly elected department chairpersons shall take office May 1 of the year in which elected; however, newly elected department chairpersons shall not receive a stipend or workload 10

14 equivalency until the first day of the summer session or the next academic year, whichever is appropriate. Outgoing department chairpersons continue to receive their stipends and workload equivalencies until the end of the academic year. Should vacancies occur during the term of office, a special election must be held under the terms described above with the newly elected chairperson serving until the next regularly scheduled round of departmental elections. 3. When a department chairperson is not properly performing his/her duties in accordance with this Article, the President may remove the chairperson from office. A majority of the regular FACULTY MEMBERS of a department may request that the President remove the department chairperson and the President may, in his/her sole discretion, take such action. The request from the majority of regular FACULTY MEMBERS must be in writing, must be signed by those FACULTY MEMBERS making the request, and must contain a statement of the reasons for the request. Where such action is taken by the President, a special election must be held under the terms described above with the newly elected chairperson serving until the next regularly scheduled round of departmental elections. 4. Where there is mutual agreement between the chairperson and the President or his/her designee(s) as to the need for (an) assistant department chairperson(s), that (those) assistant(s) shall be appointed by the chairperson so long as the proposed appointee(s) receive(s) the approval of the majority of the regular FACULTY MEMBERS of the department and the approval of the President or his/her designee(s). Any such assistant shall serve at the pleasure of the chairperson, and in the event a new chairperson is selected for the department, the term(s) of the assistant chairperson(s) shall terminate. C. Stipend 1. A teaching FACULTY MEMBER who performs the duties and responsibilities of a department chairperson in accordance with this Article shall receive a payment in accordance with the following schedule: DEPARTMENT SIZE STIPEND 1-5 $1, $1, $1, $2, $2, or more $3, A FACULTY MEMBER who performs the duties of assistant department chairperson shall receive an annual payment of $ A FACULTY MEMBER who performs the duties and responsibilities of a department chairperson in a department of FACULTY MEMBERS whose basic responsibilities lie primarily outside the classroom shall receive a payment in accordance with the following schedule: 11

15 DEPARTMENT SIZE STIPEND 9 Month 12 Month 1-5 $3, $4, $4, $5, $4, $5, or more $5, $6, D. Workload Equivalents and Summer Compensation 1. Teaching department chairpersons shall be granted minimum workload equivalents in accordance with the following schedule for the academic year: DEPARTMENT SIZE WORKLOAD EQUIVALENTS % % 21 or more 75% Additional workload equivalents for teaching department chairpersons may be approved by the President or the Provost/Vice-President for Academic Affairs for departments with complex programmatic and/or administrative responsibilities. The President or the Provost/Vice-President for Academic Affairs may also approve summer compensation for chairpersons in appropriate departments. 2. Teaching assistant department chairperson(s) shall be granted a minimum workload equivalent of 25%. Where there is mutual agreement between the teaching chairperson and the President, the President may also approve summer compensation for teaching assistant chairperson(s) for departments with complex programmatic and/or administrative responsibilities. 3. Teaching department chairpersons shall receive a minimum of three (3) workload hours of summer compensation. 4. Existing summer school workload equivalents for teaching department chairpersons may not be reduced except by agreement at local meet and discuss. A. Preamble Article 7 PERFORMANCE OF BARGAINING UNIT WORK No bargaining unit work may be assigned to another person except as provided in this Article. B. ACADEMIC FACULTY and ADMINISTRATIVE FACULTY 1. Members of the ADMINISTRATIVE FACULTY may perform teaching duties as part of their professional responsibilities. 12

16 2. Members of the ADMINISTRATIVE FACULTY who perform teaching duties shall be evaluated with respect to such teaching duties in the same manner as ACADEMIC FACULTY MEMBERS. 3. ACADEMIC FACULTY MEMBERS performing professional duties of the ADMINISTRATIVE FACULTY shall be evaluated in the same manner as members of the ADMINISTRATIVE FACULTY. 4. Subject to the approval of the President and the majority secret ballot of the regular full-time FACULTY in the receiving department, members of the ADMINISTRATIVE FACULTY shall have the right to return to full-time teaching positions within departments in which they have formerly taught. 5. Members of the ADMINISTRATIVE FACULTY, who in the opinion of the President have the requisite qualifications to teach in a department, may be placed in a fulltime, budgeted, available, uncommitted teaching vacancy in a department, provided that the approval of the majority secret ballot vote of the regular full-time FACULTY in the receiving department has been obtained prior to the appointment. An ADMINISTRATIVE FACULTY MEMBER placed in such a position shall retain all University-wide seniority credit previously accrued. Actions taken under this subsection shall not be subject to the provisions of Article 5, GRIEVANCE PROCEDURE AND ARBITRATION, provided the department's approval has been obtained. 6. Subject to the approval of the President and the majority secret ballot vote of the regular full-time FACULTY in the receiving department, ACADEMIC FACULTY MEMBERS may be transferred full-time to another department within the bargaining unit (s). All rights under this Agreement shall be transferable to the new assignment. Such transfer and assignment shall only be made with the approval of the ACADEMIC FACULTY MEMBER involved. 7. Part-Time Teaching in Other Departments a. FACULTY MEMBERS may be invited to teach on a part-time basis for other departments in the University. Such invitation must have the approval of the President and the majority secret ballot vote of the regular full-time FACULTY in the receiving and sending departments, and shall be voluntary on the part of the ACADEMIC or ADMINISTRATIVE FACULTY MEMBER. b. Such invitation and assignment shall not exceed fifty percent (50%) of the ACADEMIC or ADMINISTRATIVE FACULTY MEMBERS' workload for the semester unless approved by the majority secret ballot vote of regular full-time FACULTY of the sending and receiving departments and local APSCUF. c. All rights and responsibilities of FACULTY MEMBERS under this Agreement will remain with the sending department. 13

17 C. Graduate Assistants 1. Presidents may appoint graduate assistants to be assigned to regular FACULTY MEMBERS to assist in research, instruction, and other professional duties. 2. At no time shall graduate assistants instruct lectures or laboratories unless the FACULTY MEMBER assigned to teach the course is present in the classroom or laboratory. D. Teaching Associates Teaching Associates may be appointed at UNIVERSITIES granting doctorates pursuant to the provisions set forth below: 1. In a given department the number of teaching associates may not exceed twenty percent (20%) of the number of the regular full-time FACULTY in that department; however, all departments with doctoral programs are entitled to at least three (3) teaching associates: a. Prior to the beginning of each semester, a department with doctoral program(s) having teaching associates must report to local meet and discuss the number of teaching associates it has appointed for that semester. The number of teaching associates recommended must be approved by a majority secret ballot vote of the regular full-time FACULTY within the department in accordance with its established procedures. b. The department must also report to local meet and discuss the total number of credit hours to be taught by teaching associates in the department. The number of credit hours recommended may not exceed the total number of workload equivalents granted to regular full-time FACULTY MEMBERS for scholarly activity in that department pursuant to Article 23, Section J. The department's report shall contain appropriate data to show compliance with this subsection. 2. A teaching associate may be appointed to a department if: a. He/she is registered for credit as a doctoral student in good standing in the department and possesses a master s degree or at least thirty-six (36) graduate credits. b. He/she is recommended for appointment by a majority secret ballot vote of the regular full-time FACULTY in the department in accordance with its established procedures. 3. An individual teaching associate will be appointed for one (1) academic year with the possibility of reappointment for a second year. Special requests for a third year appointment will be considered on a case by case basis and must be approved at local meet and discuss. 14

18 4. Teaching associates may teach no more than six (6) credits of undergraduate courses per semester. These courses must be in the department in which the student is enrolled for doctoral study. In special cases, teaching associates may be given teaching assignments outside their major department in a closely related area if: a. This action is recommended by a majority secret ballot vote of the regular full-time FACULTY in each department involved in accordance with its established procedures; and b. There is agreement to this arrangement at local meet and discuss. 5. Teaching associates will be assigned a regular full-time FACULTY MEMBER as a mentor. The FACULTY mentor shall accrue one (1) credit hour workload equivalent for each teaching associate assigned to him/her in a given semester. 6. Teaching effectiveness will be the primary category for the evaluation of teaching associates. The procedures and criteria for evaluation of teaching associates shall be uniformly applied at the UNIVERSITIES and shall be agreed to at local meet and discuss, but must minimally include: a. Student evaluations as mandated for probationary FACULTY in Article 12; b. Classroom observations by the department evaluation committee and department chairperson as mandated for probationary FACULTY in Article 12; c. A written evaluation from the FACULTY mentor which will be forwarded to the department evaluation committee and incorporated into the department evaluation committee's and department chairperson's reports pursuant to paragraph d. below; d. Written evaluations by the department evaluation committee and department chairperson as mandated for probationary FACULTY in Article The University shall provide the teaching associate with a package of fee waivers and stipend in any combination, but waivers and stipend must total no less than a minimum of one-half of the current salary for Instructor Step General prohibitions: a. Teaching associates may not be assigned to teach at branch campuses. b. Teaching associates may not be assigned to teach summer school. c. In no case shall a teaching associate be appointed in an academic area where there is a qualified retrenchee with preferential hiring rights or preferred rehiring rights in the STATE SYSTEM. 9. Indiana University of Pennsylvania administration and local APSCUF negotiated a local agreement concerning teaching associates dated February 10, The provisions 15

19 of that agreement shall apply during the term of this Agreement for Indiana University of Pennsylvania only. 10. Unless a successor Agreement or a local agreement is negotiated prior to June 30, 2002, the provisions of this Section will extend for a period not to exceed six (6) months. E. Distinguished Visiting Professors The UNIVERSITIES may hire distinguished visiting professors within the provisions of this Article. 1. Visiting professors may be appointed by the President for terms up to two (2) years. A third year may be granted with the approval of APSCUF at local meet and discuss. Each University may have three (3) visiting professors at any time. UNIVERSITIES with an enrollment of more than 6,000 FTEs may employ one (1) additional visiting professor for each additional 2,500 FTEs or fraction thereof. 2. Criteria for visiting professorships shall be agreed upon at local meet and discuss and submitted to State Meet and Discuss for review and approval. These criteria shall reflect standards required of truly competent and distinguished individuals. Under no conditions shall distinguished visiting professors be hired until such time as the criteria has received final approval at State Meet and Discuss. 3. Presidents shall make such appointments upon the nomination of a department, secured by a secret ballot vote of the majority of the regular full-time FACULTY MEMBERS, for a specific visiting professor, and only upon the recommendation of a University-wide committee. The composition of the University-wide committee shall be agreed to at local meet and discuss. 4. The visiting professor must be appointed at the rank of Professor and shall be remunerated at a salary no lower than Professor Step 1. Such individuals may be remunerated at a rate of pay higher than that provided for in this Agreement. The thirty percent (30%) rule for full professorships shall not include appointments made under this Article. 5. In cases where distinguished individuals wish to contribute their services for less than the stipulated minimum pay, the terms of this Agreement shall require the approval of APSCUF at local meet and discuss. 6. Visiting professors may be assigned regular classes or special assignments, but in no case shall they assume overload assignments. It is the expectation that the University will seek to utilize the talents of these individuals in creative and non-traditional ways. 7. Visiting professors shall not be subject to the evaluation procedures of this Agreement, unless they do so voluntarily nor shall they exercise the voting rights of regular FACULTY MEMBERS as provided for in this Agreement. 8. In no case shall a visiting professor be hired to teach regular University courses in an academic department where there is a qualified retrenchee available. 16

20 F. Managers 1. Managers who perform teaching duties shall be evaluated with respect to such teaching duties in the same manner as an ACADEMIC FACULTY MEMBER(S), in accordance with the provisions of Article 12, PERFORMANCE REVIEW AND EVALUATION OF FACULTY. 2. A manager who has held a tenured faculty position at his/her University may, within three (3) years of his/her appointment to a management level position, return with the approval of the department to his/her former status in a department which has a vacancy approved by the President. Such approval shall require a majority secret ballot of the regular full-time members of the department. A manager who returns to a former department on or after January 1, 1986 in accordance with this procedure shall be given service credit for all prior time spent in what is now the bargaining unit, but shall receive no service credit for the time spent as a manager. Managers who returned to a former department prior to January 1, 1986 shall continue to receive service credits in accordance with the previous Agreements between the STATE SYSTEM and APSCUF. 3. Any manager other than those provided for in Section F.2. above shall begin his/her service in the bargaining unit with no service credit. 4. Acting Managers a. A FACULTY MEMBER serving as an acting manager is a member of the FACULTY bargaining unit. A President or the Chancellor may make an initial acting manager appointment for two (2) years without approval of local or State APSCUF. Extensions for up to a second year require the approval of the FACULTY MEMBER and local APSCUF or State APSCUF for an appointment in the Office of the Chancellor, if only a one (1) year appointment is made and there is a need for an additional year. Time spent as an acting manager will accrue service credits in the bargaining unit as defined in the Seniority Policy. b. A FACULTY MEMBER serving as an acting manager may teach one (1) course per semester (fall, spring, summer) without approval of local APSCUF. Local APSCUF approval is required, if the FACULTY MEMBER serving as an acting manager is requested to teach a second course during the semester. If a course is taught, overload shall be paid. The annual salary used in calculating overload will not include the out-of-class assignment monies. In no case shall an acting manager be assigned to teach where there is a qualified retrenchee with preferential hiring rights in the STATE SYSTEM. c. FACULTY MEMBERS on nine (9) month contracts appointed as acting managers for up to one (1) year will not be entitled to annual leave. A FACULTY MEMBER appointed initially to a two (2) year appointment as an acting manager will receive ten (10) days of annual leave in the first year and fifteen (15) days of annual leave in the second year. Any annual leave not used will lapse at the end of the acting manager appointment. FACULTY MEMBERS on twelve (12) month contracts shall accrue and use annual leave pursuant to Article 21, FRINGE BENEFITS, Section G. 17